Wendler

This is an action for personal injuries sustained by the plaintiff while riding as a passenger on an autostage owned and operated by the defendant who was a common carrier. The cause was tried by the court without a jury. Findings of fact were entered in favor of the plaintiff and she was awarded a judgment in the sum of $4,362.45. From the judgment the defendant has appealed to this court.

Plaintiff’s cause of action is based upon the doctrine of res ipsa loquitur.. The answer alleges as a special defense: “That the tire-rim on one of the wheels of defendant’s said automobile, which caused the tire to blow out on said automobile stage of defendant became broken and disconnected and was defective, thereby rendering further control of said automobile stage by the operator thereof impossible; that defendant used all reasonable precaution and diligence and the highest degree of care by way of inspecting the said automobile stage, and especially the wheels and tire-rims and tires on said automobile stage immediately prior to the accident referred to in plaintiff’s said complaint, but that said defect, or defects, were latent and not susceptible to discovery and that said accident was…